Road to recovery long for man injured in Main Street crash

Sept. 12--Eric Mintz can't even remember the morning of the crash, but he can recall the moment he woke up after being in a two-week coma.

"It was weird and scary, and everything was blurry," he said. "The first thing that came to mind was that I was afraid I killed somebody."

The wreck happened on June 29, when Mintz's truck was traveling toward North Main Street in Waynesville, but accelerated through a red light and into Waynesville Automotive, severely damaging the structure and leading to a host of injuries to his lower body, along with broken ribs and a broken back.

Mintz, 28, said he is relieved no one else was injured -- or worse -- in the crash. He said when he came out of his coma, his first thought upon hearing what had happened was that he might have hurt someone. Mintz's fiancé, Mary Foster, 35, said it would have been devastating to her partner of two years if he had.

"If anybody else had gotten injured, I think that would have killed him," she said.

Foster said that the two weeks Mintz was in the coma were nearly unbearable, and even early on after he came to, things were difficult, especially when he came down with pneumonia.

"I wasn't eating, I wasn't sleeping," Foster said.

But now Mintz is on the road to recovery, however long that road may be. Along with two or three more surgeries, he has about five more weeks of exercises that aim to simply increase his range of motion before he'll move onto light load-bearing exercises. Unlike many who are unable to use their legs after an accident, Mintz feels just about every bit of the pain.

"I keep telling people I'm never going to complain about a little pain ever again," he said wryly.

Mintz's toxicology results aren't in, meaning Waynesville Police have yet to finish their investigation into the crash, but he said he wasn't under the influence of any substances. He said he had a seizure, his first in about two years. The seizures, he noted, are due to an unknown condition.

Despite the fact that Medicaid has covered medical expenses and family has been able to help Mintz and Foster with bills, there have still been other hardships. Perhaps the toughest challenge has been transportation. The truck Mintz drove into Waynesville Automotive was the couple's only vehicle, and other options are currently limited.

Although Haywood County Public Transit vehicles are handicap accessible, it is considered a safety hazard for a rider to sit with outstretched legs, which is the only way Mintz can currently sit. Because of this, they haven't been able to get anywhere and have had to cancel multiple local doctors' appointments. Only for major appointments at Mission Hospital has Mintz been able to get an ambulance transport.

In addition, Foster has had to quit work to take care of her husband. Because Mintz needs someone around him 24/7, anytime Foster leaves the home, someone else must be there. Foster said family support has been crucial. While her sister, a CNA, helps when needed, Foster said she has also been really proud of how her kids have helped out.

"They've come to love him like a dad," she said.

But another challenge is looming. Mintz is facing a lawsuit filed by William Benge, the man whose car was stuck in the auto shop for weeks after the crash.

"As a proximate result of the accident which is the subject of this lawsuit, the Plaintiff suffered property damage to his vehicle (a 2000 Lincoln), the loss of use of his vehicle and lost income due to not having transportation to work as well as other inconveniences and hardships," the suit reads.

The suit outlines how Benge believes Mintz was at fault for the accident, alleging that he "Failed to keep a proper lookout; failed to keep his vehicle under proper control; failed to reduce speed to avoid a collision; made an unsafe movement or otherwise failed to avoid the accident which is the subject matter of this lawsuit; other ways to be proven at trial or through discover that are negligent and possibly grossly negligent."

Although Mintz wouldn't comment on the suit specifically, he said he felt bad for any hardship suffered by Benge and his family.

"I just want to apologize to them for them not being able to get their vehicle ... if I could change it I would," he said.

Brad Ferguson is Benge's attorney in the civil suit. While he said his client wishes Mintz a full and speedy recovery and doesn't harbor any personal animosity, he wants to make sure he's covered, especially considering the wreck is still under investigation and the insurance company has yet to pay anything out.

"They don't have any hard feelings towards him and they appreciate the apology he gave," Ferguson said. "However, I spoke with his insurance company on more than one occasion and gave them the opportunity to take care of damage to my clients vehicle and they refused to do so, so I had no choice."

Ferguson said the suit specifies Benge is asking for less than $20,000 (a value used because anything higher sends the case to superior court), but they haven't nailed down the exact amount they're asking for yet.

"We're not talking about a huge sum of money here," he said.

But for Mintz and Foster, all the hurdles still to come are not yet a priority. In fact, Foster is most looking forward to the day she can marry the man she loves.

"I figure we'll get married whenever we can have our first dance," she said.